For the purposes of this chapter, unless the context or subject matter otherwise requires: 1. "Active ingredient" means: a. In the case of a pesticide other than a plant regulator, defoliant, or desiccant, any ingredient that will prevent, destroy, repel, or mitigate pests. b. In the case of a plant regulator, any ingredient that, through physiological action, will accelerate or retard the rate of growth or rate of maturation or otherwise alter the behavior of ornamental or crop plants or the product thereof. c. In the case of a defoliant, any ingredient that will cause the leaves or foliage to drop from a plant. d. In the case of a desiccant, any ingredient that will artificially accelerate the drying of plant tissue. 2. "Adulterated" applies to any pesticide if its strength or purity falls below the professed standard or quality as expressed on labeling or under which it is sold, or if any substance has been substituted wholly or in part for the pesticide, or if any valuable constituent of the pesticide has been wholly or in part abstracted. 3. "Antidote" means the most practical immediate treatment in case of poisoning and includes first-aid treatment. 4. "Commissioner" means the agriculture commissioner and includes any employee or agent designated by the commissioner. 5. "Defoliant" means any substance or mixture of substances intended to cause the leaves or foliage to drop from a plant with or without causing abscission. 6. "Desiccant" means any substance or mixture of substances intended to artificially accelerate the drying of plant tissues. 7. "Device" means any instrument or contrivance intended for trapping, destroying, repelling, or mitigating pests but does not include equipment used for the application of pesticides when sold separately therefrom, or rodent traps. 8. "Environment" means air, water, land, and all plants and man and other animals living therein and the interrelationships that exist among these. 9. "Federal Act" means the Federal Insecticide, Fungicide, and Rodenticide Act [7 U.S.C. 136 et seq.]. 10. "Fungi" means all non -chlorophyll-bearing thallophytes, that is, all non-chlorophyll-bearing plants of a lower order than mosses and liverworts, as, for example, rusts, smuts, mildews, molds, yeasts, and bacteria, except those on or in living humans or other animals, and those on or in processed food, beverages, or pharmaceuticals. 11. "Fungicide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any fungi. 12. "Herbicide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any weed. 13. "Inert ingredient" means an ingredient that is not an active ingredient. 14. "Ingredient statement" means: a. A statement of the name and percentage of each active ingredient, together with the total percentage of the inert ingredients, in the pesticide; or b. A statement of the name of all active ingredients in the order of their predominance in the product, together with the name of each and total percentage of any inert ingredients in the pesticide, except subdivision a applies if the preparation is highly toxic to humans, determined as provided in section 4.1-34-06, and in addition to subsections 1 and 2 of section 4.1 -34-06. If the pesticide contains arsenic in any form, a statement must contain the percentages of total and water-soluble arsenic, each calculated as elemental arsenic. 15. "Insect" means any of the numerous small invertebrate animals generally having the body more or less obviously segmented, for the most part belonging to the class insecta, comprising six -legged, usually winged forms, as for example, beetles, bugs, bees, flies, and to other allied classes of arthropods whose members are wingless and usually have more than six legs, as, for example, spiders, mites, ticks, centipedes, and wood lice. 16. "Insecticide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any insects that may be present in any environment. 17. "Label" means the written, printed, or graphic matter on, or attached to, the pesticide or device, or any of its containers or wrappers. 18. "Labeling" means all labels and other written, printed, or graphic matter: a. Upon the pesticide or device or any of its containers or wrappers; b. Accompanying the pesticide or device at any time; or c. To which reference is made on the label or in literature accompanying the pesticide or device, except when accurate, nonmisleading reference is made to current official publications of a state or federal agency, state agricultural experiment station, or state agricultural college. 19. "Misbranded" applies: a. To any pesticide or device if its labeling bears any statement, design, or graphic representation relative to the pesticide or device or to its ingredients which is false or misleading in any particular; and b. To any pesticide: (1) If the pesticide is an imitation of or is offered for sale under the name of another pesticide; (2) If the pesticide's labeling bears any reference to registration under this chapter; (3) If the labeling accompanying the pesticide does not contain directions for use which are necessary and, if complied with, adequate to protect health and the environment; (4) If the label does not contain a warning or caution statement that may be necessary and, if complied with, adequate to protect health and the environment; (5) If the label does not bear an ingredient statement on that part of the immediate container and, if there is an outside container or wrapper, if the outside container or wrapper does not have affixed a correct copy of the required labeling information from the immediate container or does not contain an opening through which the ingredient statement on the immediate container can be clearly read, of the retail package that is presented or displayed under customary conditions of purchase; except that a pesticide is not misbranded under this subsection if: (a) The size or form of the immediate container, or the outside container or wrapper of the retail package, makes it impracticable to place the ingredient statement on the part that is presented or displayed under customary conditions of purchase; and (b) The ingredient statement appears prominently on another part of the immediate container, or outside container or wrapper, permitted by the commissioner; (6) The labeling does not contain a statement of the use classification under which the product is registered if the product is a restricted use pesticide; (7) There is no label information affixed to its container, and, if there is an outside container or wrapper of the retail package, there is no label information affixed to the outside container or wrapper and the outside container or wrapper does not contain an opening through which the label information on the immediate container can be clearly read. The label information must include: (a) The name and address of the producer, registrant, or person for whom produced; (b) The name, brand, or trademark under which the pesticide is sold; and (c) The net weight or measure of the content; (8) The pesticide contains any substance or substances in quantities highly toxic to humans, unless the label bears, in addition to any other matter required by this chapter: (a) The skull and crossbones; (b) The word "poison" prominently in red on a background of distinctly contrasting color; and (c) A statement of a first aid or other practical treatment in case of poisoning by the pesticide; (9) If any word, statement, or other information required under this chapter to appear on the labeling is not prominently placed thereon with such conspicuousness, as compared with other words, statements, designs, or graphic matter in the labeling, and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use; (10) If in the case of an insecticide, nematocide, fungicide, or herbicide, when used as directed or in accordance with commonly recognized practice, it is injurious to humans or vertebrate animals or vegetation, except weeds to which it is applied, or to the individual applying the pesticide; or (11) If a plant regulator, defoliant, or desiccant when used as directed is injurious to humans or vertebrate animals, or the vegetation to which it is applied. The physical or physiological effect on plants may not be deemed injurious when this is the purpose for which the plant regulator, defoliant, or desiccant is applied in accordance with label claims and recommendations. 20. "Nematocide" means any substance intended to prevent, destroy, repel, or mitigate nematodes. 21. "Nematode" means any of the nonsegmented roundworms harmful to agricultural plants. 22. "Person" means any individual, partnership, association, corporation, limited liability company, or organized group of persons whether incorporated or not. 23. "Pest" means any insect, rodent, nematode, fungus, weed, or any other form of terrestrial or aquatic plant or animal life, viruses, bacteria, or other micro -organisms except viruses, bacteria, or other micro-organisms on or in living humans or animals. 24. "Pesticide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pests and any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant. 25. "Plant regulator" means any substance or mixture of substances intended, through physiological action, to accelerate or retard the rate of growth or maturation, or to otherwise alter the behavior of ornamental or crop plants or the produce thereof, but does not include substances insofar as they are intended to be used as plant nutrients, trace elements, nutritional chemicals, plant inoculants, or soil amendments. The term "plant regulator" does not include any of such of those nutrient mixtures or soil amendments as are commonly known as vitamin -hormone horticultural products, intended for improvement, maintenance, survival, health, and propagation of plants, and as are not for pest destruction and are nontoxic and nonpoisonous in the undiluted packaged concentration. 26. "Protect health and environment" means protection against any unreasonable adverse effects on the environment. 27. "Registrant" means the person registering any pesticide pursuant to this chapter. 28. "Restricted use pesticides" means any pesticide formulation that is classified for restricted use by the United States environmental protection agency. The term also includes a pesticide formulation classified for restricted use by the commissioner under section 4.1-34-06. 29. "Rodenticide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating rodents or any other vertebrate animal that the commissioner declares to be a pest. 30. "Snails" or "slugs" includes all harmful agricultural mollusks. 31. "Unreasonable adverse effects on the environment" means any unreasonable risk to humans or the environment, taking into account the economic, social, and environmental costs and benefits of the use of any pesticide. 32. "Weed" means any plant that grows where not wanted.
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